Opinion
CIVIL ACTION NO. 05-4182, SECTION "K" (2).
April 21, 2008
ORDER
On February 22, 2008, this Court issued an Order and Reasons (Doc. 11357) to Ashton O'Dwyer to provide a copy of said Order to his clients.
Mr. O'Dwyer blatantly refused to comply with said Order in a pleading styled Declaration of Ashton R. O'Dwyer, Jr. Made Under Penalty of Perjury (Doc. 11699). In that pleading, Mr. O'Dwyer indicated, inter alia, that his relationship with his clients was none of this Court's business. Mr. O'Dwyer not only blatantly refused to comply with the above-mentioned Order, but he has on numerous occasions impugned the integrity of the Court and refused to adhere to other admonitions of the Court.
The Court, as an institution rather than as an individual, cannot allow such reckless, unprofessional and unethical conduct to continue. See Hartz v. Administrators of the Tulane Educational Fund, C.A. No. 07-30506 (5th Cir. April 16, 2008). The Court has issued monetary sanctions against Mr. O'Dwyer, but to no avail. Therefore, pursuant to this Court's contempt power and its inherent power,
IT IS ORDERED that the Clerk of Court shall not accept any pleadings filed by Mr. O'Dwyer in any matter consolidated in In re Katrina Canal Breaches Consolidated Litigation, C.A. No. 05-4182, until he has filed a certification that he has complied with that Court's prior Order and notified his clients. Nothing herein is intended to affect any rights of appeal from this Order or any other order rendered by this Court.
IT IS FURTHER ORDERED that Mr. O'Dwyer is to notify his named clients of this Order and to provide them with a copy and render a certification that he has complied with this order or before June 1, 2008. Mr. O'Dwyer has a duty to inform his clients of the activities in this Court. Failing to do so is in violation of the Canons of Ethics, as well as a violation of this Court's orders.
IT IS FURTHER ORDERED that Mr. O'Dwyer is put on notice that in the event he does not comply with the Court's Order by June 1, 2008, the Court will consider not only monetary sanctions against Mr. O'Dwyer, but dismissing all cases filed by Mr. O'Dwyer in the Katrina umbrella. See In re United Markets, 24 F.3d 650, 654 (5th Cir. 1994).